Surrogacy

Lord Harrington of Watford Excerpts

Tuesday 14th October 2014 Westminster Hall

[Richard Harrington (Watford) (Con)]

It is a great pleasure to speak in this debate under your chairmanship, Sir Edward. I congratulate my hon. Friend the Member for Erewash (Jessica Lee) on securing the debate, which, I know, is an extremely difficult thing to do.

I am here today because I had a surrogacy case concerning a constituent, and nobody could help me to help my constituent other than my hon. Friend, who gave so much of her time and showed a level of expertise way beyond the remit of this House. I am not sure whether that expertise was professional or political, but it was a huge help and I am very grateful to her.

That case gave me an interest in the subject, and in surrogacy from an international perspective. Some constituents of mine, the Patels, who are both UK citizens and who have lived in Watford for many years, decided to enter into a perfectly legal surrogacy agreement in India—I understand that surrogacy is legal there, both nationally and in each state. The surrogacy took place in a place in India that they knew well. There was no question as to their British citizenship or indeed that of the baby.

Notwithstanding that, I was shocked to find that despite my constituents having a legal contract and a certificate from the Home Office signed on behalf of the Home Secretary, and despite having done everything they possibly could—that was extremely expensive for them, but they are a decent, law-abiding professional couple and did everything properly—their son spent the first eight months of his life without meeting his father. It might seem ridiculous, but the father had to send the Home Office not just his birth certificate, but his passport, so that proceedings could take place. He therefore could not go to visit his son in India. Despite every effort by his solicitors and others—I even spoke to the high commissioner in India—the case was treated as an administrative matter about passports, and everyone was told to look at the website, with its 16-week service standard. No one was interested in the surrogacy aspect of the case.

I must commend the efforts of the Immigration Minister, whose office regularly contacted the Passport Office. However, I began to realise something that my hon. Friend the Member for Erewash had warned me about—surrogacy is not understood at all because there is no international agreement or protocol. I know nothing about this sort of thing myself—I have picked up this information from one particular case. It seems absolutely ridiculous that people who are trying to do everything properly, who have done what their lawyers have advised them and who have dotted the i’s and crossed the t’s, still had to wait weeks and months, as if the case was a passport application for an immigrant and there was a suggestion of fraud or some kind of trickery.

When my hon. Friend told me of her intention to campaign for an international agreement on surrogacy because of the need to bring things up to date, I thought that fell exactly in line with what my constituents wanted. To this day, the baby is in India, despite the fact that, as a result of the Immigration Minister’s good intentions, the father got his passport back. He has been able to go and spend time with his baby, although temporarily he has had to give up his professional practice. That situation is outrageous.

I commend my hon. Friend for what she is doing. She is one of the leading experts in the field, both in this House and in the legal sphere. I wish her all the best and am pleased to be able to support her in this debate.